Evidence Act, 1872
Section 120—Rejection of request for examining the husband of plaintiff in the trial of a suit—Challenged—A non-litigating spouse is a competent witness for the other spouse who litigates—Expression competency of witness refers to capacity, ability or qualification to give evidence in the court of law—Section 120 of the Evidence Act permits the husband to give evidence in place and instead of his wife and vice versa even in the absence of a written authority or power of attorney—Such a witness is entitled to depose not only the facts within his/her knowledge but also within the knowledge of his/her spouse—Finding of trial court in impugned order that husband cannot give evidence on behalf of plaintiff/wife and that he can only be cited and examined as the plaintiff’s witness cannot be justified—Trial court passed impugned order without adverting to Section 120 of the Act—Impugned order set aside—Petition allowed.
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